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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 6, 2014, around 00:25, the defendant was found to be guilty of drunk driving by a police officer who was dispatched to the site due to the victim E(33 years of age)'s relative F and traffic accident problems at the D entertainment tavern parking lot located in Bocheon-si, Bocheon-si, and found the above entertainment drinking house with a kitchen knife at the defendant's residence located in G apartment 203 107 Dong-si, G apartment 203 107.
At around 01:45 on the same day, the Defendant requested the victim to grow F with the Defendant, but the victim refused to do so, attempted to write the part of the victim’s clothes with the kitchen knife (knife 21.5cm in length) which is a deadly weapon. In the process of fighting with the victim, the Defendant laid down the victim’s left hand knife and knife the part of the victim’s hand.
As a result, the Defendant, using a lethal weapon, inflicted bodily injury on the victim, such as a finger's wound that requires medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. Seizure records;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to the scene and criminal implements;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Determination of the type of sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of applicable sentences in accordance with the law] The sentencing guidelines shall be from one year and six months to fifteen years (the period of applicable sentencing guidelines): Violence crime, habitual injury, repeated injury, special injury, and Type 1 (Special Injury): The recommended range and the recommended range of punishment not to be punishable: the area of mitigation; imprisonment with prison labor for not less than one year and six months; imprisonment for not less than one year and not more than six months; imprisonment for not more than one year and not more than two years and not more than two months (decision of sentencing); imprisonment for not more than one year and six months; the motive, method, and risk of the suspended sentence for the crime for not less than three years; however, the criminal defendant is not guilty of all the crimes